Thursday, April 07, 2022

Justice Thomas and the January 6th Cases

Gerard N. Magliocca

Without commenting on the merits of whether Justice Thomas should recuse himself from cases involving the January 6th insurrection, I want to point out that we may know his decision soon. One of the Section 3 cases now being litigated could well reach the Supreme Court's shadow docket on a request for emergency relief. Indeed, this could happen as soon as next week. At that point, Justice Thomas will have to decide to recuse or to participate, though he may offer no explanation either way.


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